In addition, you understand that the specific method, features and services offered on ADVOCLING may be altered, improved, removed or adapted at any time in its sole discretion and without any notice. If you do not agree with any of these terms, do not use this App.
- ADVOCLING is no way, directly or indirectly responsible for the advice and assistance provided by the Lawyers. We are an independent third party enablers who have built a online platform where the clients can communicate with the Lawyers and Lawyer to Lawyer . ADVOCLING has no control over the Services provided by the Lawyer. ADVOCLING will not be responsible in case of any issues/discrepancies with the Services provided by the Lawyer.
- ADVOCLING has full rights to publish the advice provided to their clients on their portal and in any external communication for public knowledge sharing. However, in none of the published content the user details will be displayed.
- ADVOCLING has multiple Lawyers for the different practice area and there might be instances wherein a similar question has been answered in two different ways by the Lawyer(s). ADVOCLING takes no liability towards these different opinions and answers of the Lawyers and encourages you to take another opinion from ‘your’ Lawyer / alternately decide which opinion to go ahead with based on merits and logical conclusions.
All of the materials and information on the App are provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. The materials and information on the App do not necessarily reflect the opinions of the Lawyers of the Law Firms, their partners, clients or affiliates. The information in the App is not guaranteed to be correct, complete or up to date. The mere receipt of an e-mail from or a “post” on the App does not create an Lawyer-client and Lawyer-Lawyer relationship. The applicable Lawyer / Law Firm is solely responsible for providing its services to you, and you agree the ADVOCLING shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services (including, without limitation, claims based on malpractice). You agree that any claim arising out of your relationship with a Law Firm or Lawyer shall be brought solely against such Law Firm or Lawyer, and neither ADVOCLING nor any of its licensors or affiliates shall be included within any such claim.
ADVOCLING, Lawyers / Professionals using ADVOCLING to provide online consultations (collectively “Lawyers”), Affiliates and Third-party providers (collectively “Affiliates”) would serve you to the best of our ability under the following terms and conditions:
- Using the ADVOCLING Mobile Application
All users must be eighteen years or older. In the case of minor Consumers (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered.
The User takes full responsibility for ensuring that the information submitted is accurate. ADVOCLING shall make no effort to validate any information provided by the Consumer for use in Services with respect to content, correctness or usability. We with an intention to provide the best service possible could ask you to share more information as and when needed.
Use of ADVOCLING Services requires basic familiarity with the Internet and the Consumer is expected to possess the necessary internet-usage skills and knowledge to avail ADVOCLING Services.
- How does it work?
If you choose to submit a Free Question on ADVOCLING, you will not be charged any fees; however, Free Questions may be delayed before processing. Also, any answers you receive from Lawyers to Free Questions will not involve any Lawyer-client relationship and will be publicly displayed and viewable by all Users. You cannot choose the Lawyer that’ll answer the Free Question submitted by you – this is decided by the system automatically. The Lawyer may choose NOT to answer your question with or without assigning a reason for the same. You will be intimated in such cases via email, SMS and / or phone. Our Lawyers might be unavailable at times owing to existing questions lined up with them, and we will not be accepting free questions during such times.
Though listing on ADVOCLING may increase the exposure and accessibility of a Lawyer, we are not an advertising portal where businesses are listed on a priority driven by any fees paid. Our search and sort functionality is purely driven by the user entered information and the built-in algorithm.
WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
- Independence of Lawyers
The opinions, statements, answers (collectively “consultation”) provided by the Lawyers via ADVOCLING are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of ADVOCLING, its affiliates or any other organizations or institutions to which such Lawyer or such specialist or professional is affiliated or provides services. ADVOCLING does not recommend or endorse any specific tests, Lawyers, products, procedures, opinions, or other information that may be mentioned on ADVOCLING or by a licensee of ADVOCLING..
The inclusion of professionals and specialists on ADVOCLING or in any professional E- directory on ADVOCLING does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. ADVOCLING disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
You agree that you understand that the Lawyers who participate or engage in the ADVOCLING are not employed by or agents of ADVOCLING. Although ADVOCLING does require Lawyers to provide basic information about themselves to ADVOCLING (for example, information about the jurisdictions in which they are licensed, information about areas in which they practice and consider themselves competent and knowledgeable), and although ADVOCLING does rely upon and pass on this information to Users for their use, ADVOCLING does not separately verify this information and makes no representations as to the qualifications of any Lawyers. No listing of any Lawyer on this App, and no information of any kind or answers provided by any Lawyer, constitutes an endorsement, recommendation or referral of any Lawyer. Lawyers do not provide any compensation or make any payment to ADVOCLING in order to become Lawyer of ADVOCLING or in order to answer any questions by Users on ADVOCLING.
In connection with their participation on ADVOCLING, Lawyers do make certain representations and warranties regarding the information they provide about the jurisdictions in which they are licensed to practice their profession and in good standing. Nevertheless, you are encouraged to investigate or perform your own due diligence concerning the Lawyers and their qualifications.
No representation is made that the quality of the professional services to be performed is greater than the quality of professional services performed by other Lawyers. We urge all potential clients to make their own independent investigation and evaluation of any Lawyer being considered.
You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your ADVOCLING account. You agree to prohibit anyone else from using your password and immediately notify ADVOCLING of any unauthorized use of your password or other security concerns.
No party has the power or authority as agent, employee or in any other capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
The App may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the App, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the App or its Services, use of the App or it Services, or access to the App or its Services.
You are prohibited from using any type of computer ‘worm,’ ‘virus’ or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the App. If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of Rs. 1,00,000 for each day that the App is damaged until the App is completely repaired and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable App, (2) the time and money it will take to repair the App and to address the concerns of visitors. We are required to use reasonable efforts to repair the App as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein.
You are not permitted to collect or store personal data about other users.
You are not permitted to access the App for the purpose of data mining or extracting content from the App beyond your personal end use.
You are permitted to use the App to find a Lawyer to perform services for you related to your problem and to obtain general information about similar cases (each, a “Permissible Use”). You are not permitted to use the App for any other reason other than a Permissible Use as described above. Impermissible Uses shall include, but are not limited to, using the App to order to solicit, hire, engage or otherwise work with the employees or affiliates of ADVOCLING or the Lawyers, to interfere or attempt to interfere in the relationship between ADVOCLING and such employees, affiliates, Lawyers, or for any other purpose other than described herein (each, an “Impermissible Use”). If you do engage in such conduct, the resulting damage will be hard to quantify as a fixed amount and thus you hereby agree to pay us liquidated damages in the amount of Rs.2,50,000 for each Impermissible Use, and further unquantified damages which will occur due to your act will be accessed and you shall be liable to pay the same. You further agree that this liquidated damages provision reasonably approximates actual costs, losses, and expenses which would be incurred by ADVOCLING due to any such Impermissible Use. You also agree that nothing in this section is intended to limit ADVOCLING’s right to obtain injunctive and other relief as may be appropriate.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the App.
You agree to not harm minors in any way.
In the event you submit information through the App, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the App and/or refuse any and all current or future use of the App or its services (or any portion thereof).
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the App. We do not control all of the Content posted via the App and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the App.
You acknowledge that we may or may not pre-screen Content, but that our designees and we shall have the right (but not the obligation) in our sole discretion to prescreen, refuse, or move any Content that is available via the App. Without limiting the foregoing, our designees and we shall have the right (but not the obligation) to remove any Content that violates this agreement or is otherwise objectionable.
- Scope of Services
ADVOCLING (the owners and the employee staff of the App) and third-party professionals who offer services through the App accept no responsibility for any medical, legal or financial events or outcomes related to services achieved through the use of the App.
ADVOCLING does not guarantee that a web-based consultation, App tp App Call consultation or in-person / video consultation is the appropriate course of treatment / solution for your particular problem.
- User’s Profile at ADVOCLING
Your ADVOCLING Profile is created to store record of your consultations and your personal query / problem information online, including history, etc.
Any information provided as part of a web, over-phone or an in-person / video consultation becomes part of your ADVOCLING Record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary.
ADVOCLING reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the ADVOCLING Service according to its internal record retention and/or destruction policies.
You might be contacted via email to review the information provided by you for ADVOCLING Record or for Online Consultations. Please make sure you provide a valid email-id and you update it as and when needed.
- Supplementary Communication
ADVOCLING may send you newsletters and other information regarding common related topics or preventive care messages containing specific services’ related information, links to other related App and specific questions related to your ADVOCLING Record. Additionally, ADVOCLING makes available self-care informational services that provide general, and specific services’ information.
These communications and resources are not comprehensive and do not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for user-specific query / problem evaluation or construed, directly or indirectly as the practice of that particular service or dispensing of that particular service by ADVOCLING.
The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by ADVOCLING. ADVOCLING makes no warranty with respect to the content of these materials or the information contained therein.
We are not responsible for anything outside of ADVOCLING. Now or in the future, the Content and Services may link you to other web Apps or information, software, data, or other contents, on or off the Internet. These other Apps or and contents are not ADVOCLING, and the information there is outside of our control. We do not control, endorse, or review the content of these Apps, and we are not responsible for such content.
- Protection of Proprietary Information
You agree that the Services, which include all software and information, both electronic and printed media, contain trade secrets and other proprietary intellectual property and are the proprietary property of ADVOCLING. They are protected by trademark laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in this Agreement.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You will not otherwise attempt to transfer any right in the Services (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. You agree that violations by you, any other person or entity, of these trade secrets and / or other intellectual property protections or the terms of this Agreement will be lead to prosecution under the Indian Laws and Bylaws. The final choice of whether the Consumer is in violation of any of these policies is at the sole discretion of ADVOCLING.
Only for the duration of being logged into the Consumers’ valid ADVOCLING account, the consumer is hereby granted a revocable, non-exclusive, non-transferable license to use the services for personal, non-commercial purposes; subject to terms and qualifications of Agreements of ADVOCLING.
With the exception of your case records, ADVOCLING retains all rights, titles and interests pertaining to ADVOCLING, the ADVOCLING Services and any content, products, documentation, software or other materials on the ADVOCLING web App along with any trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing.
ADVOCLING welcomes comments, suggestions and submissions by its Consumers including but not limited to messages, notes, feedback, artwork, communications, computer code or creative materials provided to ADVOCLING The act of commenting, suggesting or submitting shall act as a full assignment of all rights whatsoever (Intellectual property) to ADVOCLING. ADVOCLING shall have the right to use the same as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to the Consumer.
Except as expressly provided herein, no other right or license with respect to any trademark rights or other proprietary rights are granted under this agreement. All rights not expressly granted hereunder by ADVOCLING are expressly reserved to ADVOCLING and its licensors and information and content providers.
Contact us if you believe information on our App infringes your copyright. If you believe any materials accessible on or from ADVOCLING infringe your copyright, you may request removal of those materials.
No part of the materials including graphics or logos, available in this App may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission.
- Etiquette and Privacy
The resources of ADVOCLING should not be used to impersonate another person or misrepresent authorization to act on behalf of others or ADVOCLING. All messages transmitted via ADVOCLING should correctly identify the sender. The Consumer should never alter the attribution of origin in electronic mail messages or while posting any information.
ADVOCLING has zero-tolerance for unsolicited bulk email, bulk SMS, unsolicited posting to news groups, marketing gimmicks/spam/scams in community resources, or other illegal activities. The Consumer shall not infringe upon the rights of others, spam, propagate computer worms or viruses, use a false identity, attempt to gain unauthorized entry to any App or network, infringe trademarks, or other intellectual property rights. The Consumer further agrees to comply with Indian export laws concerning the transmission of technical data and other regulated materials via the World Wide Web.
The Consumer agrees to indemnify and hold ADVOCLING harmless for any and all acts found or suspected to be in violation hereof. The Consumer’s account will be terminated for any of the above infractions.
The Consumer shall not attempt to undermine the security or integrity of computing systems or networks of ADVOCLING, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
ADVOCLING reserves the right to terminate any account which doesn’t follow our Terms and Conditions.
You acknowledge that your use of the ADVOCLING Services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on ADVOCLING is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on ADVOCLING. All information, products or services contained on or provided through this App are provided “as is”, without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. ADVOCLING and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains.
Third-party content may appear on this App or may be accessible via links from this App. We shall not be responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the App. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by us nor does it reflect our beliefs.
The App may contain ‘hyperlinks’ to App neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these Apps or with respect to any service or product associated with these Apps. By including these hyperlinks, we do not mean to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.
Without limiting the foregoing, ADVOCLING and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the ADVOCLING products and services provided hereunder. ADVOCLING makes no representations or warranties about the satisfaction of government regulations.
ADVOCLING will take all necessary precautions to protect itself against failure of our hardware and our software. The Consumer acknowledges and agrees that temporary interruptions in service may occur, and that ADVOCLING shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. ADVOCLING makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. The Consumer acknowledges and agrees that in the event of failure, restoration of service may take several days.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the App including without limitation messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We do not represent or warrant that the App will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the App will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the App at any time. In no event shall we be liable for any such errors or defects.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE APP IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE APP IS PROVIDED SOLELY ON AN ‘AS-IS/AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT YOUR USE OF THE APP, AS TO THE RESULTS YOU MAY ACHIEVE ON ACCOUNT OF ANY RELATIONSHIP YOU ELECT TO CREATE WITH Lawyer / PROFESSIONAL, AND NON-INFRINGEMENT. NEITHER ADVOCLING NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY Lawyer / PROFESSIONAL, INCLUDING, WITHOUT LIMITATION, ANY Lawyer / PROFESSIONAL’s ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.
WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE APP OR (vi) ANY OTHER MATTER RELATING TO THE APP.
- Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE SECTIONS ABOVE MAY NOT APPLY TO YOU.
You shall defend, indemnify, save and hold ADVOCLING, its affiliates harmless from all demands, liabilities, claims and expenses, including Lawyer’s fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by you or someone else using the service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided.
When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your agreement and may result in deactivation of your service(s) with immediate effect.
Under no circumstances, including negligence, shall ADVOCLING including (it’s Affiliates) or anyone else involved in creating, producing or distributing ADVOCLING Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ADVOCLING Services, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ADVOCLING records, programs or services. This paragraph shall apply to all content and functionality of ADVOCLING Services.
In addition, to the maximum extent permitted by law, in no event shall ADVOCLING nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this App or any service offered through this App or any material or information contained in, accessed through, or products purchased on this App, even if an authorized representative of ADVOCLING is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions.
- Third Party Protection
The indemnification and disclaimers provisions set forth above are for the benefit of ADVOCLING and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you, the Consumer on its own behalf.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of New Delhi, India and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles.
Any dispute with ADVOCLING shall exclusively be subject to the jurisdiction of the appropriate Courts situated at New Delhi, India. No party shall object to removal or prosecution of any litigation to a court within the jurisdiction of New Delhi, India.
Any cause of action or claim you may have with respect to ADVOCLING must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable.
- Right to Operational Functionality
ADVOCLING reserves complete and sole discretion with respect to the operation of our Services. We may, among other things withdraw, suspend or discontinue any functionality or feature of our Services.
By using the App, you do not acquire any rights to the App other than the limited license to use the App that can be terminated in accordance with this section. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the App, and remove and discard any Content within the App, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement. We may also in our sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of this agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the App. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the App.
- Right to Modify Terms of Service
You agree and confirm that the Terms of Service may be amended from time to time without notice and take responsibility to update yourself periodically with the latest version available on ADVOCLING App. Any such revision or change will be binding and effective immediately on release of the revised Agreement or change to the Service(s) on our App. Unless we notify otherwise, these terms incorporate and supersede any other terms associated with the Services.
ADVOCLING has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning.
ADVOCLING may provide notice to you- the Consumer, by e-mail to the e-mail address provided by you during registration, by a general notice on the ADVOCLING Web App. You may give notice to ADVOCLING at any time via email to email@example.com
- Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
- Lawyer / Professional Ethics Notice
If you are Lawyer / Professional, participating in any aspect of this App, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of your respective profession, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
The section titles in this agreement are for convenience only and have no legal or contractual effect.
- No Responsibility for Posts
ADVOCLING does not review or approve the questions or answers submitted to ADVOCLING. The views expressed therein are those of the posting Users and Lawyers / Professionals and do not necessarily reflect those of ADVOCLING.
ADVOCLING assumes no responsibility for the posts or the information contained therein, nor does it make any claims, promises or guarantees about the accuracy, suitability, competence or completeness of any of the information or advice in the posts. Use the advice and information provided at your own risk.
- Ownership of Content
By submitting a Free Question to ADVOCLING, you understand and agree that your question and any answer provided by Lawyer / Professional will become part of the ADVOCLING public database and the sole property of ADVOCLING.
Thus, as to all Free Questions and any answers, you agree that, without any compensation to you, ADVOCLING will own all rights to the submitted questions and answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
- Entire Agreement
I, the User or Consumer
Acknowledge and agree to assume the risk of the above-mentioned limitations pursuant to the use of ADVOCLING. I further understand and agree that no warranty or guarantee has been made to me concerning any consultation on particular problem, result, solution of my query / problem.
I understand that the consultation through ADVOCLING may involve electronic communication of my personal information to other Lawyers who may be located in other areas, including out of state.